Kenyan case law
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Nisha Sapra v Attorney General & another [2013] KECA 310 (KLR)
✦ The application fails and is dismissed. The costs of the application will abide the outcome of the appeal.
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Kelvin Adika v Republic [2013] KECA 438 (KLR)
✦ Death sentence upheld as constitutional and not inhuman or degrading.
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Omega Chemical Industries Ltd v Barclays Bank of Kenya Limited [2013] KECA 442 (KLR)
✦ The application is dismissed with costs to the respondent as the issues raised do not raise a matter of general public importance.
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Mohamed Adan Molly v Linksoft (K) Ltd & another [2013] KECA 262 (KLR)
✦ The 1st and 2nd respondents are different legal entities and the 2nd respondent could not be responsible for the acts or omissions of the 1st respondent.
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National Union of Water & Sewerage Employees & 3 others v Nairobi City Water & Sewerage Co. Ltd & 3 others [2013] KECA 436 (KLR)
✦ The Court of Appeal dismissed the application for a stay of execution, injunction, or stay of any other further proceedings.
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Peter Odhiambo Onyuongo v Republic [2013] KECA 441 (KLR)
✦ The appeal is dismissed. The charge of defilement was not defective. The prosecution case was not contradictory. The Appellant's defense was considered.
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Andrew Momanyi Nyauma & another v Republic [2013] KECA 225 (KLR)
✦ The appeal is dismissed as the lack of identification of the appellants cannot stand and the sentence by the Magistrate is upheld.
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George Gikubu Mbuthia v Peter Njeru Mugo & 3 others [2013] KECA 439 (KLR)
✦ The application is dismissed with costs to the respondents.
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Josephine Wambui Wanyoike v Margaret Wanjira Kamau & another [2013] KECA 443 (KLR)
✦ The learned Judge did not err in summarily rejecting the appeal as the learned magistrate arrived at the correct decision that once a Grant of Letters of Administration is confirmed, the magistrate is divested of jurisdiction to reopen the matter.
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Joseph Kamau Gichuki v Republic [2013] KECA 448 (KLR)
✦ The appellant was properly convicted of the offences with which he was charged. The appeal is dismissed.
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Rebecca Moraa Ochi & 43 others v Kiogoro Land Disputes Tribunal & 10 others [2013] KECA 446 (KLR)
✦ The Court of Appeal upheld the Kiogoro Land Dispute Tribunal's orders regarding the confirmation of the land's size and boundaries and the sub-division of the land into three equal portions.
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Anthony Kamau Githuka v Republic [2013] KECA 450 (KLR)
✦ The appeal is dismissed as the trial court complied with procedural codes and the evidence was sufficient.
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Matemu v Trusted Society of Human Rights Alliance & 5 others (Civil Appeal 290 of 2012) [2013] KECA 445 (KLR) (26 July 2013) (Judgment)
✦ The Court finds that the High Court misdirected itself by concluding that the appellant was unsuitable to hold office, despite its own finding that there had been no conclusive proof of the allegations. The Court also finds that the petition was not pleaded with precision and that the High Court misapplied the rationality test.
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Nahashon Kariuki Mbatia v Housing Finance Company of Kenya [2013] KECA 440 (KLR)
✦ The High Court judge dismissed the application to strike out the respondent's defence because it raised triable issues.
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Robert Mwaniki Gukemba v Mwaniki Ngiri [2013] KECA 422 (KLR)
✦ We allow the appeal to the extent that the order issued by the High Court granting Kshs. 160,000/= as mesne profits to the respondent is hereby set aside and substituted with a sum of Kshs. 50,000/= as mesne profits.
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Robert Charles Kariuki Gachiri & 3 others v Republic [2013] KECA 296 (KLR)
✦ The convictions for robbery with violence and the death sentences are quashed, and the appellants are set at liberty.
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Board of Governors of Ekalakala Secondary School v Francisca Katumbi Ndwili (suing as Legal Representative of the Estate of Shadrack Kyalo Mwania) [2013] KECA 428 (KLR)
✦ The appeal is allowed, and the damages awarded under the Fatal Accidents Act are set aside. The court awards Kshs. 3,665,844.80/= in favor of the respondent.
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JMM v Republic [2013] KECA 433 (KLR)
✦ We allow the appeal; quash the conviction of murder and substitute it with a conviction of manslaughter.
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Patrick Mwangi Weru v Republic [2013] KECA 297 (KLR)
✦ The conviction and death sentence are quashed. The appellant is set free unless otherwise lawfully held.
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Okiya Omtatah Okoiti v Attorney General, Independent Electoral and Boundaries Commission [2013] KECA 311 (KLR)
✦ Application dismissed with no order as to costs, as the appeal is not arguable and the status of Kethi's voter registration is uncertain.
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Stanley Nkunja v Republic [2013] KECA 306 (KLR)
✦ The appeal is dismissed. The trial court's conviction and sentence are upheld.
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Ephantus Wachira Ngochi v Edward Njoroge Mwangi [2013] KECA 416 (KLR)
✦ The application is allowed, and the notice of appeal shall be filed and served within the next seven days, and the record shall be filed and served within the next 14 days, failing which the appeal shall stand dismissed.
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Kamau v Nandi (Civil Appeal 342 of 2010) [2013] KECA 423 (KLR) (25 July 2013) (Judgment)
✦ The appeal is dismissed with costs as the respondent proved fraud on the part of the deceased.
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Joho & another v Shahbal & 2 others (Civil Appeal 12 of 2013) [2013] KECA 435 (KLR) (25 July 2013) (Judgment)
✦ The election petition is invalid due to the inconsistency with the Constitution and late filing.
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Waititu v Independent Electoral & Boundaries Commission, IEBC & 8 others (Civil Application 137 of 2013) [2013] KECA 460 (KLR) (24 July 2013) (Ruling)
✦ No appeal lies to this Court from an interlocutory order, ruling or direction by an Election Court. A party aggrieved by such an order must await delivery of the final judgment by the High Court then file an appeal to this Court.